St. Landry democrat., 1887-04-23

be party. And IN cases where paSStH
gers and freight pass over continuous lines
or routes operated by more than one com
mon carrier, and the several common car
riers operating such lines or routes estaD
fish Joint tariffs of rates or fares OF
charges fct such continuous lines OF
routes, cores of such joint tariffs shall
also, in lise manner, be filed with said
commission. Such joint rates, fares and
charges on such continuous lines so filed
as aforesaid shall be made public by such
common carriers when directed by said
commission, in so far as may, in the Judg'
ment of the commission, be deemed prac-
ticable; and said commission shall from
time to time prescribe the measure of pub
hcity which shall be given to such rates,
fares and charges, or to such part of them
as it may deem it practicable for such
common carriers to publish, and the
places in which they shall be published;
but no common carrier party to any such
joint tariff shall be liable for the failure
of any other common carrier party there
to to observe and adhere to the rates, fares
or charges thus made and published.
Failure to File or Publish Rates-PenaI-
ties For.
If any such common carrier shall neg
lect OF refuse to file or publish its sched-
ules or tariffs OF rates, fares, and charges
as provided in this section, or any part Of
the same, such common carrier shall, in
addition to other penalties herein pre-
scrIbed, be subject TO writ OF mandamus,
to be issued by any circuit court of the
United States in the judicial district
wherein the principal office of said COM
mon carrier is situated Ca wherein such
Otfense may be committed, and if such
common carrier be a foreign corporation,
in the judicial district wherein such COM
mon carrier accepts traffic and has an
a gent to perform such service, TO compel
with the aforesaid provisions
of this section; and such writ shall issue
in the name of the people Of the United
States, at the relation Of the commits
sioners appointed under the provisions of
this act; and failure to comply with its
shall be punishable as and
for Il contempt; and the said commission
Prs, az compliments, may also applE, in
any suCh circuit court of the United
States, for writ of injunction against
such common carrier, TO restrain such
carrier from receiving or trans
porting property among the several states
and territories of the United States, or be-
tween The United States and adjacent for
eign countries, or between ports Of trans
shipment and of entry i'll the several
states and territories of the United States,
as men iOned in the first section of this
act, until such common carrier shall have
with the aforesaid provisions of
this section Of this act.
to Prevent Continuous Car
riage Prohibited.
Sec. I. That it shall be unlawful for
any common carrier subject to the pro-
visions of this act to enter into any com
contract, or, agreement, eX-
pressed or implied, to prevent, by change
II time schedule, carriage in different
cars, or by any other means or devices,
The carriage of freights from being con-
.inuous from the place of shipment to the
place OF destination; and no break of bulk,
'tOppage, or interruption made by such
common carrier shall prevent the carriage
If freightS from being and being treated
Is one continuous carriage from the place
If shipment to the place of destination,
Unless such break, stoppage, or interrupt
ion was made in good faith for some
purpose, and without any in
ent to avoid or unnecessarily interrupt |
uch continuous carriage or to evade any
II the provisions of this act.
Liability for Damages.
Sec. 8. That in case any common car |
Ter subject to the provisions of this act |
hall do, cause to be done, or permit to be |
lone any act, matter, or thing in this act |
prohibited or declared to be unlawful, or |
hall omit to do any act, matter, or thing |
n this act required to be done, such COM
non carrier shall be liable to the person or
'ersons injured thereby for the full |
mount of damages sustained in conse-
Iuence of any such violation of the pro-
-isions of this act, together with reason
Lble counsel or attorneys fee, to be fixed |
" the court in very case of recovery,
which attorneys fee shall be taxed and |
objected as part of the costs in the case.
Complaint to Commissioners or Action
In Court-aestimony Compulsory.
Sec. 8. That any person or persons
tanning to be damaged by any common
arrier subject to the provisions of this
ct may either make complaint to the
as hereinafter provided for,
r may bring suit in his Or their own be-
alf for the recovery of the damages for
Which such common carrier may be liable
nder the provisions of this act in any dis
riot or circuit court of the United State,
f competent jurisdiction; but such persf
r persons shall not have the right to p'!r-
ue both of such remedies, and must in
ach case elect which one of the two
lethods of procedure herein provided for
e or they will adopt. In any such action
rought for the recovery of damages
he court before which the same shall be
ending may compel any director, officer,
eceiver, trustee or agent of the corpora
on or company defendant in such suit to
ttend, appear and testify in such case,
nd may compel the production of the
ooks and papers Of such corporation or
ompany party to suit; the claim that any
UGH testimony or evidence may tend to